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CBP Updates Guidance on Secs. 232/301 Claims, Extensions, and Corrections

Posted May 15, 2020

Earlier this month, U.S. Customs and Border Protection issued Cargo Message 19-000260, which provides updated guidance on seeking retroactive product exclusions from the administration’s Section 232 and Section 301 trade enforcement measures.
CBP-DHS Seals on Blue High Tech Background

Additionally, the CSMS explains what steps importers should take to preserve or extend timeframes for taking corrective action when requests for exclusion have been submitted but a decision by the Department of Commerce or the U.S. Trade Representative is still pending. 

Retroactive Exclusions

Section 232 and Section 301 product exclusions may be retroactive for unliquidated entries and for entries that are liquidated but where the liquidation is not final and the protest period has not expired.

If a product exclusion has been granted, an importer of record may request a refund by filing a post summary correction for unliquidated entries or file a protest for entries that have liquidated but where the liquidation is not final and the protest period has not expired.

When a product exclusion is granted, an importer may submit a correction to request a refund on unliquidated entries up to 15 days prior to the scheduled liquidation date (generally within 300 days from the date of entry summary filing). If an entry summary is set to liquidate in less than 15 days or has already liquidated, the entry summary is beyond the filing period for correction. However, the importer may file a protest so long as it is filed within the 180-day period following liquidation of the impacted entry summary(ies).

Liquidation Extensions for Pending Product Exclusion Requests

CBP advises that in situations where the importer has requested a product exclusion and the request is pending with the DOC or USTR, a request may be made to CBP asking to extend the liquidation of impacted unliquidated entry summaries. Such requests may be made via paper or electronic format as described here to the appropriate Center of Excellence and Expertise.

Approved requests extend the liquidation of an entry summary for one year. When a product exclusion is granted, an importer may submit a PSC to request a refund on the entry summary(ies). If a product exclusion is not approved, no further action is taken, and the entry summary will liquidate as entered one year later than the originally scheduled liquidation date.

If necessary, the importer may request subsequent liquidation extensions for a total of not more than three years as mandated by 19 CFR 159.12.

Need More Information?

The status of Section 232 exclusion requests can be checked at the U.S. Department of Commerce here.  Section 301 exclusions are posted by the USTR here.

Should you have any questions about this issue, or need assistance making retroactive claims or post summary corrections, don’t hesitate to contact one of our helpful trade experts.

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